Recent findings highlight a concerning decline in public funding for justice, which has decreased by over 22% per person in real terms since 2010, according to a report commissioned by the Bar Council.
The report, authored by Professor Martin Chalkley and Alice Chalkley, identifies that public spending on justice amounted to £10.9 billion in the fiscal year 2022/23, representing around 0.5% of GDP or £181 per person. This allocation is notably modest when compared to expenditures on sectors like transport, education, and defence, which respectively receive £640, £1,550, and £820 per person.
Sam Townend KC, Chair of the Bar Council, has called on the government to reassess its approach to justice spending ahead of an upcoming spending review. He argues that the justice system, often perceived as a residual component of public spending, requires a significant change in direction to ensure long-term sustainability and adequate funding for citizens seeking to vindicate their rights.
While the Ministry of Justice, the Crown Prosecution Service, and the Serious Fraud Office experienced a 12.6% increase in cash funding since 2018/19, inflation adjustments reveal a real-term reduction of 15.4%. Furthermore, taking population growth into account, funding for justice has effectively declined by 22.4%, according to researchers.
The “Justice short changed” report details a significant reduction in spending across various areas of the justice system between 2009 and 2023. Legal aid has seen nearly a 40% drop, while prisons, probation, the CPS, and the SFO have experienced cuts of 23% and 24% respectively. Meanwhile, courts and tribunals have been on a downward financial trajectory since 2016, notwithstanding a 36% increase in direct funding, complicated by user-generated fees and service provisions that obscure a clear financial picture.
In contrast, expenditures on social security and health vastly outweigh those on justice, now amounting to over £3,000 per person. The authors argue for a reconsideration of justice spending to align with economic growth similarly to sectors like defence, suggesting that financing could grow in tandem with real GDP per person.
Townend emphasises that these findings underscore the urgency for the government to prioritise investment in the justice system. He warns that continuing to underfund justice will have severe implications for citizens’ rights and access to justice, urging the new government to heed these concerns.
With the spending review on the horizon, the challenge remains to secure a just and effective allocation of resources to the justice system, ensuring it is treated with the gravity it deserves akin to other major public services.
